Studi Hukum Atas Nasionalisasi Perusahaan Asing;Dasar Hukum Tindakan Nasionalisasi Untuk Mencapai Kepastian Hukum Penanaman Modal
| Main Authors: | Zuhir, Mada Apriandi, Suhadi, Antonius, Adriansyah, Herman |
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| Format: | Article PeerReviewed application/pdf |
| Terbitan: |
Program Studi Magister Kenotariatan Fakultas Hukum Universitas Sriwijaya
, 2011
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| Subjects: | |
| Online Access: |
http://eprints.unsri.ac.id/2700/1/Cover.pdf http://eprints.unsri.ac.id/2700/2/Isi.pdf http://eprints.unsri.ac.id/2700/ |
Daftar Isi:
- The aims of this research were searching sociological reasons, law and regulation according to national and international rules, and dispute settlement of nationalization or expropriation act by a country. This research based on law materials which were normative-preskriptive and divided into primary, secondary and tertiary legal sources. Related to nationalization or expropriation, sociological reasons dug from Bremen. Tobacco’s case that nationalization or expropriation act was an act of a sovereignty state, the Republic of Indonesia, in accordance to rebuild and restructure of their economic from colonial system to national system. Also, this act should be base on national interest and public interest of that certain country. Nationalization and expropriation principles are adequate, prompt, and effective. And according to that case it can not apply in rigid manner. Article 33 of 1345 Indonesian Constitution, line 2 and 3, Tap MPR No IX Year 2001, Indonesia Law Number 25 Year 2007. Internationally, United Nations Resolution Number 1803 on Permanent Sovereignty Over natural Resources, date 14th of December 1962, in ICESCR (International Covenant on Economic Social and Culture Rights), 1996, enforced 1976. Dispute settlement of nationalization or expropriation act by a country, the first consideration is applicable/governing law and settlement of disputes which agreed by the parties in join venture agreement both in choice of law and choice of forum